''FedEx Home Delivery v NLRB'
563 F3d 492
(DC 2009) is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

case on the scope of protection for labor rights.

Facts

Post truck drivers claimed that FedEx should engage in collective bargaining with them, and by not doing so committed an

unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Ro ...

. FedEx argued they were not entitled to a collective agreement because, under the

National Labor Relations Act of 1935 The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...

, they were independent contractors because they took on "entrepreneurial opportunity". FedEx's lawyer was

Ted Cruz Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the junior United States Senator from Texas since 2013. A member of the Republican Party, Cruz served as Solicitor General of Texas from ...

Judgment

Brown J held the drivers were independent contractors, applying the multi-factor totality test. This now focused on whether the person's position 'presents the opportunities and risks inherent in entrepreneurialism.' Williams J agreed. Garland J dissented. He introduced with the following.

Notes

References

* {{Improve categories, date=June 2023 2009 in United States case law United States labor case law

Facts

Judgment

See also

Notes

References